An FDLR rebel in a forest outside Pinga, north west of Goma, DR
Congo. Rwandan MPs have tasked the government to explain the rationale
behind unharmonised sanctions against war crimes despite provisions by
different international conventions. PHOTO FILE | AFP
Rwandan lawmakers have tasked the government to explain the
rationale behind unharmonised sanctions against war crimes despite
provisions by different international conventions.
During
ongoing discussions to review the penal code, members of the
parliamentary committee in charge of political affairs and gender voiced
their concern over the harsh penalties imposed on people convicted of
war crimes during interstates conflicts, even when they should be
regulated by global war conventions.
“Why should we severely penalise an individual for crimes committed in the interest of their country during an armed conflict?” said Elizabeth Mukamana.
“Why should we severely penalise an individual for crimes committed in the interest of their country during an armed conflict?” said Elizabeth Mukamana.
Article
100 and 102, which are under review, propose life in prison and
sentences ranging between 10 to 15 years to soldiers who committed
crimes, whether intentionally or unintentionally, that impacted the
lives of civilians.
Article 99 of the law, states that
any extensive destruction and appropriation of property, which is not
justified, is carried out unlawfully or intentional attacks against
civilian population, or action that is deemed excessive in relation to
military advantage is punishable by life imprisonment.
“We
can’t only punish the soldiers on the frontline. There are others who
work behind the scenes, those who supply weapons and the law does not
clearly say how they should prosecuted,” said Pelagie Mukantaganzwa.
“International
conventions define and qualify war crimes, but let respective countries
determine appropriate penalties. We don’t think the sentences are as
severe as argued by some lawmakers,” said Evode Uwizeyimana, State
Minister in charge of Constitutional and Legal Affairs.
Geneva Conventions
The
1949 Geneva Conventions were drafted shortly after the World War II and
sought to define the basic rights of wartime prisoners (civilians and
military personnel) and establish protections for the wounded, sick and
civilians in a war-zone.
Part of the reason why the
government imposed harsh sentences is because the Geneva Conventions
deal with interstate conflict, without looking at new trends of crimes
against humanity and intra- or interstate terrorism.
Article
99 of the proposed law looks at crimes committed during armed conflict
like those directed against persons or property protected under the
provisions of the Geneva Conventions and their additional Protocols I
and II of June 8, 1977.
According to the Bill, the
crimes include willful killing, torture, extensive destruction, and
appropriation of property not justified by military action. It also
talked about depriving and mistreating prisoners; forced deportation;
systematic detention; among others.
The draft penal
code seeks to replace the current one adopted in 2012 and the government
has sought amendments to address a number of legal voids including
existing red tapes to conduct accepted abortion, criminalisation of
adultery, defamation among others.
While defending the
Bill in parliament, State Minister Uwizeyimana told MPs that the
government embarked on the changes to make the law easier to use and
more effective in deterring crime, punishing convicts and rehabilitating
offenders.
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